Activist: Ruling 'great news' for Eliot

Federal court says Pa. plant must curb emissions

ELIOT, Maine — A local activist hailed a recent federal court decision upholding the right of the federal government to curb sulfur dioxide emissions at a Pennsylvania power plant, saying it has ramifications for Eliot.

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By Deborah McDermott

seacoastonline.com

By Deborah McDermott

Posted Jul. 18, 2013 at 2:00 AM

By Deborah McDermott
Posted Jul. 18, 2013 at 2:00 AM

» Social News

ELIOT, Maine — A local activist hailed a recent federal court decision upholding the right of the federal government to curb sulfur dioxide emissions at a Pennsylvania power plant, saying it has ramifications for Eliot.

Kimberly Richards, of Citizens for Clean Air in Eliot, lead the successful ballot initiative that permits selectmen to file a "good neighbor" petition with the Environmental Protection Agency charging the Schiller Station power plant with pollution.

The petition asks the EPA to investigate whether Schiller Station is emitting unhealthy levels of sulfur dioxide that affect the health of Eliot residents across the Piscataqua River.

The U.S. Circuit Court of Appeals in Philadelphia, Penn., recently upheld the EPA's right to limit air pollution from the Portland Power Plant in Pennsylvania. The ruling came after the state of New Jersey filed a good neighbor petition.

The court decision came after the owners of the power plant appealed the EPA decision that the plant had to reduce its sulfur dioxide levels by 80 percent.

"This is great news for the people of Eliot who hope the EPA will similarly stand up for our kids' and families' health when we file our own good neighbor petition," Richards said.

Town Administrator Dan Blanchette said Wednesday the town attorney is drawing up the language of the petition, which is expected to be completed next week. The petition will then be scheduled for action by the Board of Selectmen.

The voters of Eliot in June overwhelmingly approved a measure giving selectmen permission to file the petition.

The Eliot effort is based on a Sierra Club study indicating that sulfur dioxide emissions must be reduced by 86 percent in New Hampshire and 72 percent in Maine to meet new EPA rules. The study presupposes that Schiller Station is operating at 100 percent capacity, while it currently runs at about 25 percent capacity.

Public Service Co. of New Hampshire, which owns Schiller Station, has long claimed that the plant meets all current air quality standards, and the state of New Hampshire has concurred.

Glen Brand, director of the Maine chapter of the Sierra Club, said the Court of Appeals didn't rule on the underlying merits of the New Jersey case, "but it makes it clear that the good neighbor petition is a viable means" for Eliot to proceed.